Jimmy Zaromitidis v. Toronto Police Services Board, 2012 HRTO 357

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Jimmy Zaromitidis

Applicant

-and-

Toronto Police Services Board

Respondent

INTERIM DECISION

Adjudicator: Naomi Overend

Date: February 21, 2012

Citation: 2012 HRTO 357

Indexed as: Zaromitidis v. Toronto Police Services Board

1The applicant filed this Application on May 11, 2011, alleging discrimination in employment and membership in a vocational association the basis of race, ethnic origin, disability and age contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended. The purpose of this Interim Decision is to address the applicant’s Request for an Order During Proceeding (Form 10) seeking production of his entire file from Applicant Testing Services (“ATS”), a private firm retained by the respondent to provide pre-hiring screening.

2The applicant filed his Request for production on January 18, 2012, on both the respondent and ATS. Neither the respondent nor ATS filed a Response to the Request for Order (Form 11), and the time for doing so has now passed.

3Rule 16 of the Tribunal’s current Rules of Procedure set out rules for the disclosure and production of documents by the parties. This Rule is triggered by the issuance of the Notice of Hearing, which has not yet happened in this case. Although Rule 16 concerns disclosure and production by the parties, it can apply by analogy to third parties.

4Under the new Rules, the Tribunal has exercised its discretion to allow for early production of documents, but only in exceptional circumstances, such as where a respondent is unable to file a Response or the applicant is not able to ascertain the identity or contact information for a proposed respondent. The applicant has not any identified exceptional circumstances in this case.

5The applicant’s request for production at this stage is denied as premature. If the applicant does not receive the ATS file(s) in the respondent’s production of arguably relevant documents, he can bring a fresh request for production at that stage.

6I am not seized of this matter.